A legal notice is a formal written demand, sent before proceedings, setting out a claim and giving the other side an opportunity to meet it. In some matters it is a legal requirement. In many others it is simply the most cost-effective step available.
Why it often works
A properly drafted notice signals that the matter has moved beyond argument. A significant proportion of disputes settle at this stage, because the other side would rather pay or perform than litigate.
It costs a fraction of a suit, and it can be sent within days.
What a notice should contain
- The identity of the parties and the capacity in which you write
- A clear statement of the facts, in sequence and without embellishment
- The legal basis of the claim
- Precisely what is demanded, whether payment, performance or cessation
- A reasonable time within which to comply
- What will follow if it is not met
When it is required
Certain claims require notice before proceedings. Notice to a government department before suing is a well-known example, and consumer claims commonly require it as well. Failing to serve a required notice can defeat an otherwise good case, so it is worth checking before filing rather than after.
It commits you to something
A notice is a document the other side will produce in court. Overstating the facts, demanding what you are not entitled to, or threatening what you cannot lawfully do all cause damage later.
This is the main reason a notice drafted casually often does more harm than sending nothing.
Proof of service
Keep evidence that it was sent and received. A notice you cannot prove was delivered has limited value when the recipient denies receiving it.
What to do next
Bring the contract or documents underlying the claim, the correspondence so far, and a clear account of what you actually want the other side to do.